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This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.
This book is a systematic commentary on half a century of case law on the Convention system made by a group of legal experts from various universities and legal disciplines. It provides a guide of the rights protected under ECHR as well as a better understanding, open to supranational scenarios, of fundamental rights in the respective Constitutions. Our intention is not only to make available a mere case law commentary. This work indeed offers succinct information on the most consolidated lines of case law and this is probably where it is most useful. Nevertheless there is also academic reflection, which we believe is nowadays essential as Europe is becoming more than a continent: it is, above all, a civilisation, with a common language of rights, a developing ius commune.
In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus while the European and Inter-American Courts on Human Rights undertake an evolutive interpretation of regional human rights treaties.
This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10 and is edited by Carole Nivard.
The first complete article-by-article English commentary on the ECHR, with chapters devoted to each distinct provision or article, this commentary explores the substance of the rights, the workings of the Court, and the enforcement of judgements.
This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.
In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.
Annotation Bridges the gap between theoretical literature and the tools and practices needed to strengthen or rebuild democratic institutions and reform governance systems. Through case studies and examples of good practices of governance, Cheema assesses the conditions that make democracy work.
This thorough analysis of immigration governance in Spain explores the dynamics of inclusion and exclusion at play at one of Europe’s southern borders. David Moffette analyzes Spain’s processes of immigration governance and reveals the complicated series of legal obstacles facing many migrants. Differential access to border mobility is a central concern of contemporary politics, and nowhere is this more apparent than in the European Union, where external borders have been strengthened to prevent irregular entry and internal borders have been removed to promote free circulation. Moffette draws on interviews with policymakers and on more than three decades of parliamentary debates, laws, and policy documents to show that culture, labour, and security issues intersect to create a regime of migration governance that is at once progressive and repressive. A detailed empirical analysis of Spanish immigration policy, this book provides a thought-provoking and insightful contribution to debates in socio-legal, border, and citizenship studies.
The European religious landscape is changing fundamentally. Are we experiencing a decline, revival, recycling or transformation of religion? Moreover, will Europe become a museum of religions or a laboratory of new religious experiences? A group of experts from different disciplines and nationalities, meeting in Pecs, Hungary - the European Capital of Culture 2010 -, examines in detail, the contrasting developments around the religious lives of individuals, communities, institutions, emerging from processes of secularisation, relativisation, and privatisation ("believing without belonging"). What emerges is a picture of very contrasting mega-trends, with positive and negative aspects, charac...